HB 203: "An Act establishing the offense of misconduct involving weapons in the sixth degree."
00 HOUSE BILL NO. 203 01 "An Act establishing the offense of misconduct involving weapons in the sixth degree." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 SHORT TITLE. This Act may be known as the Alaska Secure Storage of Firearms 06 Act. 07 * Sec. 2. AS 11.61.210(a) is amended to read: 08 (a) A person commits the crime of misconduct involving weapons in the 09 fourth degree if the person 10 (1) possesses on the person, or in the interior of a vehicle in which the 11 person is present, a firearm when the person's physical or mental condition is impaired 12 as a result of the introduction of an intoxicating liquor or a controlled substance into 13 the person's body in circumstances other than described in AS 11.61.200(a)(7); 14 (2) discharges a firearm from, on, or across a highway; 15 (3) discharges a firearm with reckless disregard for a risk of damage to
01 property or a risk of physical injury to a person under circumstances other than those 02 described in AS 11.61.195(a)(3)(A); 03 (4) manufactures, possesses, transports, sells, or transfers metal 04 knuckles; 05 (5) sells or transfers a switchblade or a gravity knife to a person under 06 18 years of age without the prior written consent of the person's parent or guardian; 07 (6) knowingly sells a firearm or a defensive weapon to a person under 08 18 years of age; 09 (7) other than a preschool, elementary, junior high, or secondary 10 school student, knowingly possesses a deadly weapon or a defensive weapon, without 11 the permission of the chief administrative officer of the school or district or the 12 designee of the chief administrative officer, within the buildings of, on the grounds of, 13 or on the school parking lot of a public or private preschool, elementary, junior high, 14 or secondary school, on a school bus while being transported to or from school or a 15 school-sponsored event, or while participating in a school-sponsored event, except that 16 a person 21 years of age or older may possess 17 (A) a deadly weapon, other than a loaded firearm, in the trunk 18 of a motor vehicle or encased in a closed container in a motor vehicle; 19 (B) a defensive weapon; 20 (C) an unloaded firearm if the person is traversing school 21 premises in a rural area for the purpose of entering public or private land that is 22 open to hunting and the school board with jurisdiction over the school 23 premises has elected to have this exemption apply to the school premises; in 24 this subparagraph, "rural" means a community with a population of 5,500 or 25 less that is not connected by road or rail to Anchorage or Fairbanks or with a 26 population of 1,500 or less that is connected by road or rail to Anchorage or 27 Fairbanks; [OR] 28 (8) being a preschool, elementary, junior high, or secondary school 29 student, knowingly possesses a deadly weapon or a defensive weapon, within the 30 buildings of, on the grounds of, or on the school parking lot of a public or private 31 preschool, elementary, junior high, or secondary school, on a school bus while being
01 transported to or from school or a school-sponsored event, or while participating in a 02 school-sponsored event, except that a student may possess a deadly weapon, other 03 than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student 04 has obtained the prior permission of the chief administrative officer of the school or 05 district or the designee of the chief administrative officer for the possession; or 06 (9) violates AS 11.61.225 and, as a result of the violation, a 07 prohibited person uses the firearm to commit a crime or injure self or another; in 08 this paragraph, "prohibited person" has the meaning given in AS 11.61.225(b). 09 * Sec. 3. AS 11.61 is amended by adding a new section to read: 10 Sec. 11.61.225. Misconduct involving weapons in the sixth degree. (a) A 11 person commits the offense of misconduct involving weapons in the sixth degree if the 12 person 13 (1) keeps on a premises a firearm that is not 14 (A) carried by, or otherwise under the direct control of, the 15 owner or an authorized person; or 16 (B) secured in a locked container, with a gun lock, or by other 17 means to render the firearm inaccessible or unable to be used by a person who 18 is not the owner or an authorized person; or 19 (2) knows or reasonably knows that a prohibited person is able to gain 20 access to a firearm owned or under the control of the person and the person fails to 21 secure the firearm in a locked container, with a gun lock, or by other means to render 22 the firearm inaccessible or unable to be used by a person who is not the owner or an 23 authorized person. 24 (b) In this section, 25 (1) "locked container" means a storage device approved, or that meets 26 specifications established by, the Department of Public Safety; 27 (2) "prohibited person" means a person who is prohibited from 28 possessing a firearm under 18 U.S.C. 922(g) or (x)(2) or by state law. 29 (c) Misconduct involving weapons in the sixth degree is a violation punishable 30 by a fine of not more than 31 (1) $500 for a violation of (a)(1) of this section;
01 (2) $1,000 for a violation of (a)(2) of this section. 02 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. This Act applies to offenses committed on or after the effective 05 date of this Act.